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NAVY | DRB | 2002_Navy | ND02-00160
Original file (ND02-00160.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-EN3, USN
Docket No. ND02-00160

Applicant’s Request
The application for discharge review, received 011203, requested that the reason for the discharge be changed to erroneous discharge with a RE-1 or 3 code. The applicant requested a personal appearance hearing discharge review. The applicant did not list a representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing and that the NDRB does not have the authority to change a reenlistment code. Subsequent to the application, the applicant obtained representation by the Disabled American Veterans organization.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020731. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the reason for discharge shall not change. The discharge shall remain: HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 3630550.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. The impropriety of the aftercare program I received.

2. The impropriety of my rights for an administrative discharge.

3. The equity of the aftercare program I should have received.

4. The equity of the time I was offered my rights of the administrative discharge.

5. The equity of level 3 vs., level 2.

6. Any impropriety or equity that I have missed and my representation finds and lists.

7. Any impropriety of equity that the board finds, that I or my representation have not listed.

8. Submitted by DAV:

 After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the applicant, in his request that he be given the opportunity to change his re-enlistment and narrative reason for separation Discharge to re-enter Naval Service.

The (FSM) joined the United States Naval Service on June 12 1991 until November 10, 1993 where he served and was cited with several (2) Non-judicial punishments for the better part of his military career a total of over (2) years and (4) months. During his military tenure he performed and received several notices of acclaim and was also rated as a good to excellent sailor. The (FSM) was also trained and cited as being an excellent recruiter by receiving several appreciation certification for his recruiting efforts.

The (FSM) seeks now to change the character of his discharge in an effort to re-enlist in the United States Naval Service. The (FSM) hopes that by respectfully requesting and being granted a Change in the character of his Narrative of Separation Discharge from the Navy, he feels that is a high matter of Honor and Respect. The (FSM) also states he had always tried to achieve Honor and Respect while on active duty in the Naval Service just because he had a alcohol problem, he states he never drank on duty or let his problem effect his military duty. We respectfully request that the (FSM) be given the complete and duly consideration by the board. We also respectfully request that the board consider each reasonable explanation submitted by the (FSM) who now wishes to correct his youthful and immature behavior with his alcohol he demonstrated in prior service.

We ask for the Boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's Letter of Explanation to the Board dtd 01NOV01 (3 pages)
DVA Illiana Health Care System ltr of Oct 26, 2001, with Diagnosis
Character Reference letter from L_ K_, neighbor, dtd 5/10/01
Character Reference letter from T. H. J_, neighbor, dtd 5/10/01
Character Reference letter from D_ R. S_, employer, dtd 10/29/01
Character Reference letter from B_ E. B_, friend of family, dtd 5/10/01
Character Reference letter from M_ A. H_, employer, dtd 5/10/01
Purdue University Academic Transcript
Certificate of Completion, Emergency Medical Technician-Basic, dtd 18 Mar 96
Applicant's second letter to the Board (4 pages)
Applicant's military History of Assignments (2 pages)
Traffic Violations (Tickets) (2 pages)
Admin Discharge Package (7 pages)
Appreciation Certificates (2)
Applicant's Letter of explanation of NAM
OPNAVINST 5350.4C (1 page - Aftercare Plan)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900615 - 910611  COG

 Period of Service Under Review :
Date of Enlistment: 910612               Date of Discharge: 931110

 Length of Service (years, months, days):

         Active: 02 04 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 64

 Highest Rate: EN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.33 (3)    Behavior: 3.47 (3)                OTA: 3.67

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NAM

 Days of Unauthorized Absence: 10

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MILPERSMAN, Article 3630550.
Chronological Listing of Significant Service Events :

921015:  Medical Screening (Mental Health Service, Lajes Field, Azores, Portugal): Applicant diagnosed as alcohol dependent, residential treatment recommended.
921016   Substance Abuse Report (Self-referral): Diagnosis - alcohol dependence, recommend inpatient treatment.
921214:  Reported to NARC Norfolk, VA for Level III treatment. Having completed treatment, returned to USS FAIRFAX COUNTY in Feb 1993.
930206:  Completed Level III Alcohol rehabilitation at ARC Norfolk. [EXTRACTED FROM CO, USS FAIRFAX COUNTY LETTER OF 04 DEC 93.]

930315:  Unauthorized absence over special liberty from USS FAIRFAX COUNTY (LST 1193), Little Creek, VA from 1600. Intentions unknown.

930325:  Apprehended by Shore Patrol and returned to USS FAIRFAX COUNTY at 0420. Absence not excused (10 days).
930401:  NJP for violation of UCMJ, Article 86: unauthorized absence, violation of UCMJ Article 92: failure to obey instruction.
         Award: Forfeiture of $474 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
930401:  Retention Warning: Advised of deficiency (violation of UCMJ, Article 86, 92), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [EXTRACTED FROM CO, USS FAIRFAX COUNTY LETTER OF 04 DEC 93.]

930904:  Arrested by civilian authorities for speeding 92 mph in a 65 mph zone; driving under the influence (DUI) as evidenced by a Blood Alcohol Content of .132 percent on 4 Sep 93, Grayson Kentucky, court date pending. [EXTRACTED FROM CO, USS FAIRFAX COUNTY LETTER OF 04 DEC 93.]

930911:  Arrested for DUI on 11 Sep 93, Naval Amphibious Base, Little Creek, VA. Court date 13 DEC 93. [EXTRACTED FROM CO, USS FAIRFAX COUNTY LETTER OF 04 DEC 93.]

930915:  NJP for violation of UCMJ, Article 92: failure to obey written instruction OPNAVINST 5350.4b on 11 September 1993 by being involved in an alcohol related incident, to wit: arrested by military authorities for DUI onboard Naval Amphibious Base, Little Creek, VA; violation of UCMJ Article 134: failure to pay just debts, to wit: NCO Club bill for food and drinks which said debt was to be paid in full on 13 Aug 93. [EXTRACTED FROM CO, USS FAIRFAX COUNTY LETTER OF 04 DEC 93.]
         Note: No record of punishment awarded at NJP in service record.
931110:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service authorized as general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.
931110:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. Applicant did not object to separation.

931204:  CO, USS FAIRFAX COUNTY advised BUPERS that applicant's discharge was directed with an honorable by reason of alcohol abuse rehabilitation failure. Commanding officer’s comments (verbatim): "The Commanding Officer verifies that the subject named member meets all stated reasons for administrative discharge processing. Engineman Third Class J_ (Applicant) has been counseled in accordance with MILPERSMAN 3630550. EN3 (Applicant) completed Level III Alcohol rehabilitation on 06 February 1993 at ARC Norfolk, VA and has violated the rules and regulations of the Navy's Aftercare Program as evidenced by his repeated involvement with military and civilian authorities concerning alcohol. EN3 (Applicant) has no potential for further service in the U.S. Navy. EN3 (Applicant) has been discharged in accordance with MILPERSMAN 3630550 Due to Alcohol Abuse Rehabilitation Aftercare Failure.

931213:  BUPERS advised USS FAIRFAX COUNTY that applicant did not qualify for discharge under authority delegated MPM 3610220. BUPERS further advised that applicant should have also been processed for misconduct due to commission of a serious offense as evidenced by CO's NJP 01 APR 93 for violation of UCMJ Article 92, and NJP 15 SEP 93 for violation of UCMJ Article 92, 134 and DUI 11 SEP 92 and that administrative board procedures should have been used. No further action required in this case.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 931110 with an honorable due to alcohol rehabilitation failure (A). The Board presumed regularity in the conduct of governmental affairs (B). However, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

Issues 1-8: The Board found that in addition to being discharged by reason of alcohol rehabilitation failure, the applicant could also have been processed for misconduct due to commission of a serious offense. Subsequent to his completion of Level III inpatient treatment, the applicant was awarded CO’s NJP on two occasions for offenses including, unauthorized absence; being drunk in public, drunk driving and failure to pay just debts. In addition, he was arrested for a DUI. In view of this evidence, it was the unanimous opinion of the Board that the applicant’s current characterization of service: honorable/alcohol rehabilitation failure should more accurately have been characterized as either under honorable conditions (general) or under other than honorable conditions with the narrative reason of misconduct; commission of serious military or civilian offense. However, the NDRB has no authority to downgrade a discharge. With this in mind, the Board determined that the reason code of alcohol rehabilitation failure is more appropriate than erroneous enlistment, as applicant requested. Relief denied.

The NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for reenlistment through a recruiter. Relief denied.




 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 05 Mar 93 until
21 Jul 94, Article 3630550, SEPARATION OF ENLISTED PERSONNEL BY REASON OF ALCOHOL ABUSE REHABILITATION FAILURE.

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls10.jag.af.mil ".

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Room 309
                  Washington Navy Yard DC 20374-5023      

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